[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR79.21]



[Page 289-290]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.21  Discovery.



    (a) The following types of discovery are authorized:

    (1) Requests for production of documents for inspection and copying;

    (2) Requests for admission of the contents or authenticity of any 

relevant document or of the truth of any revelant fact;

    (3) Written interrogatories; and

    (4) Depositions.

    (b) For the purpose of this section and Sec. Sec.  79.22 and 79.23, 

the term documents includes information, documents, reports, answers, 

records, accounts, papers, and other data and documentary evidence. 

Nothing contained herein shall be interpreted to require the creation of 

a document.

    (c) Unless mutually agreed to by the parties, discovery is available 

only as ordered by the ALJ. The ALJ shall regulate the timing of 

discovery.

    (d) Motions for discovery. (1) A party seeking discovery may file a 

motion with the ALJ. Such a motion shall be accompanied by a copy of the 

requested discovery, or in the case of depositions, a summary of the 

scope of the proposed deposition.

    (2) Within ten days of service, a party may file an opposition to 

the motion and/or a motion for protective order as provided in Sec.  

79.24.

    (3) The ALJ may grant a motion for discovery only if he or she finds 

that the discovery sought--

    (i) Is necessary for the expeditious, fair, and reasonable 

consideration of the issues;

    (ii) Is not unduly costly or burdensome;

    (iii) Will not unduly delay the proceeding; and

    (iv) Does not seek privileged information.

    (4) The burden of showing that discovery should be allowed is on the 

party seeking discovery.

    (5) The ALJ may grant discovery subject to a protective order under 

Sec.  79.24.

    (e) Depositions. (1) If a motion for deposition is granted, the ALJ 

shall issue a subpoena for the deponent, which



[[Page 290]]



may require the deponent to produce documents. The subpoena shall 

specify the time and place at which the deposition will be held.

    (2) The party seeking to depose shall serve the subpoena in the 

manner prescribed in Sec.  79.8.

    (3) The deponent may file with the ALJ a motion to quash the 

subpoena or a motion for a protective order within ten days of service.

    (4) The party seeking to depose shall provide for the taking of a 

verbatim transcript of the deposition, which it shall make available to 

all other parties for inspection and copying.

    (f) Each party shall bear its own costs of discovery.